GENERAL TERMS OF SALE
These general terms and conditions of sale are concluded between:
BRESCIA BERCANE, also known as BBK ILLUSTRATION
SASU with a capital of €1000
Head office: 114 Place des Esquifs, Building A
34130 Mauguio, France
Email: brescia@bresciabercane.com
Hereinafter referred to as "The Seller"
ON THE ONE HAND,
and:
Any person wishing to make a purchase via the Seller's website at www.bresciabercane.com
Hereinafter referred to as "The Client" or "The Buyer"
ON THE OTHER HAND.
Article 1: OBJECT
Article 2: SITE
Article 3: PRODUCTS
Article 4: PRICES
Article 5: PAYMENT
Article 6: ORDER
Article 7: DELIVERY
Article 8: PRODUCT RETURN: RIGHT OF WITHDRAWAL
Article 9: DATA PROTECTION
Article 10: LIABILITY – FORCE MAJEURE
Article 11: INTELLECTUAL PROPERTY
Article 12: COMMERCIAL OFFERS AND NEWSLETTERS
Article 13: CONTACT
Article 14: PARTIAL INVALIDITY
Article 15: ENTIRE AGREEMENT
Article 16: APPLICABLE LAW – COMPETENT JURISDICTIONS
Article 1: OBJECT
These General Terms and Conditions of Sale aim to define the contractual relationship between the Seller and the Client, as well as the conditions applicable to any purchase made through the Seller’s online store at www.bresciabercane.com, hereinafter referred to as "the Site."
By accepting these General Terms and Conditions of Sale, the Client agrees not to purchase for resale, as defined in Article L 110-1 of the French Commercial Code.
The Client must be at least 18 years old and have legal capacity or hold parental authorization to place an order on the Site.
The acquisition of a product through the Site implies the full and complete acceptance of these General Terms and Conditions of Sale by the Client. These conditions will prevail over any other general or specific conditions of the Client.
The Seller reserves the right to modify these General Terms and Conditions of Sale at any time. However, it is agreed that the conditions applicable to the Client will be those in effect at the time of their order on the Site.
These General Terms and Conditions of Sale are the exclusive property of the Seller. Any reproduction, even partial, is strictly prohibited.
Article 2: SITE
2.1 The website Bresciabercane.com (hereinafter "the Site") is an e-commerce site accessible via the internet at the address www.bresciabercane.com and is open to any user of this network. It is published and operated by SASU BBK ILLUSTRATION, a limited liability company with a capital of €1,000, whose registered office is located at 114 Place des Esquifs, Building A, 34130 Mauguio, and registered with the Montpellier Trade and Companies Register under the number "939 465 894 Montpellier."
2.2 The Site offers for sale a variety of decorative items, clothing, and accessories intended for women (hereinafter "Product(s)") to Internet users browsing the Site (hereinafter "User(s)"). For the purposes of these terms, it is agreed that the User and BBK ILLUSTRATION will collectively be referred to as the "Parties" and individually as the "Party," and the User who confirms an order will then be referred to as the "Buyer." The rights and obligations of the User necessarily apply to the Buyer.
2.3 BBK ILLUSTRATION reminds that the Products are exclusively intended for the personal use of the Buyer, with no direct connection to the Buyer's professional activity. BBK ILLUSTRATION reserves the right to refuse the execution of the order.
2.4 BBK ILLUSTRATION reminds that the Products are exclusively intended for the personal use of the Buyer, with no direct connection to the Buyer's professional activity. BBK ILLUSTRATION reserves the right to refuse the execution of the order.
2.5 Any order for a Product offered on the Site implies the consultation and express acceptance of the General Terms and Conditions of Sale by checking the box provided for this purpose before placing the order. For the record, in accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of March 30, 2001, relating to the application of Article 1316-4 of the Civil Code and electronic signatures, BBK ILLUSTRATION specifies that the validation of the order form as specified in Article 5.3 below constitutes an electronic signature, which has, between the Parties, the same value as a handwritten signature.
2.6 The General Terms and Conditions of Sale aim to define the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.
Article 3: PRODUCTS
Description of the Products
3.1 The Products offered by BBK ILLUSTRATION are those listed on the Site at the time of its consultation by the User and within the limits of available stock.
3.2 The products are described and presented with the greatest accuracy possible. The photographs illustrating the products, accompanying the text, do not form part of the contractual scope. In this regard, although BBK ILLUSTRATION attempts to represent the Products shown on the Site as faithfully as possible, color variations may occur, particularly due to the technical limitations of color rendering by computer equipment.
b) Product Availability
3.3 BBK ILLUSTRATION commits to fulfilling orders received only within the limits of available stock. If one or more Product(s) are unavailable, BBK ILLUSTRATION will inform the User as soon as possible. BBK ILLUSTRATION shall not be held liable in the event of stock shortages or product unavailability.
3.4 Unavailability of the Product may be notified to the User:
- During the order entry process, it will be indicated that the desired product is temporarily unavailable.
- After the validation of the order, by email sent to the Buyer by BBK ILLUSTRATION.
3.5 In the event that payment has already been made, BBK ILLUSTRATION commits to contacting the payment services of Paypal or Shopify Payment to subtract the price of the unavailable Product(s) from the amount charged to the Buyer’s bank account.
c) Retention of Title
3.6 The ordered Products remain the property of BBK ILLUSTRATION until full payment of the price is received.
Article 4: PRICES
4.1 The prices indicated by the Seller at the time of the order are in Euros, including VAT, based on the VAT rate applicable on the day of the order. Any change in the rate will be immediately reflected in the price of the products offered.
4.2 The price charged to the Buyer is the price indicated in the order confirmation sent via email by BBK ILLUSTRATION.
4.3 BBK ILLUSTRATION reserves the right to modify its prices at any time and without prior notice. Products will be billed based on the prices in effect at the time the order is placed, subject to product availability. The applicable rate is that which is indicated on the Site, except in the case of a typographical error for which BBK ILLUSTRATION would not be responsible.
4.4 The price is payable in full and in one installment upon validation of the order.
4.5 Any unpaid amount will result in a fee of €25 per payment incident. The data recorded by the Site constitutes proof of the transactions between BBK ILLUSTRATION and the Buyer. The data recorded by the payment system constitutes proof of the financial transactions. The sale becomes final after acceptance of the transaction by the secure services.
THE ITEMS REMAIN THE FULL PROPERTY OF BBK ILLUSTRATION UNTIL FULL PAYMENT OF THE PRICE, WHICH THE CLIENT ACKNOWLEDGES AND ACCEPTS.
Article 5: PAYMENT
5.1 Payment for purchases on the Site can be made from France or abroad securely, 24 hours a day, 7 days a week, via PayPal or a credit card belonging to the following networks: Carte Bleue, Visa, Mastercard, American Express, and Apple Pay.
5.2 The User will enter their card number, the expiration date, the cardholder’s name, and the visual cryptogram located on the back of the credit card.
5.3 BBK ILLUSTRATION reserves the right to refuse to honor any order from a User with whom it is in dispute, of any nature.
5.4 BBK ILLUSTRATION uses the secure payment service Shopify Payment. The integrity of the data exchanged between the Buyer and the Shopify Payment secure platform is protected against hacking attempts. Confidential data is directly transmitted in encrypted form to the Shopify Payment server, without ever passing through BBK ILLUSTRATION’s servers.
5.5 Shopify Payment relies on the SSL (Secure Socket Layer) encrypted exchange protocol and provides all necessary assurances for internet transactions.
5.6 BBK ILLUSTRATION reserves the right to cancel any order that presents a risk of fraudulent use of a credit card.
Article 6: ORDER
Navigation on the Site
6.1 The User can freely navigate the Site without being engaged in a purchase order.
b) Placing an Order
6.2 To place an order, the User must click on the “Add to Cart” button. Each new item added to the Cart will be indicated by the appearance of a specific screen.
At any time before validating their order, the User can:
- View a summary of the Products they have selected and modify their order by clicking on the “Cart” link;
- Complete their product selection and confirm the purchase by clicking on “Complete My Order” and finalizing the proposed purchase process.
6.4 The User must identify themselves by accurately completing the form for this purpose, which will include the necessary information for their identification: first name, last name, email address, phone number, delivery address, and billing address.
6.5 The User is informed and accepts that entering their identifier serves as proof of their identity and expresses their consent.
c) Final Validation of an Order
6.6 Final Validation of an Order
6.7 The User will then be prompted to pay for their order by entering their bank details.
d) Order Confirmation
6.8 When the Buyer confirms the payment of their order, a summary is displayed with the transaction number. This summary is also sent by an order confirmation email.
6.9 A shipment confirmation email is sent to the Buyer on the day the Products are shipped, containing the tracking link for the package.
6.10 In accordance with Article L. 134-2 of the Consumer Code, when an order amounts to €120 or more, BBK ILLUSTRATION retains the written contract that records the agreement between BBK ILLUSTRATION and the Buyer electronically for a period starting from the conclusion of the contract until the date of delivery of the product and for a duration of ten years from that date (in accordance with Decree 2005-137 of February 16, 2005).
ARTICLE 7: DELIVERY
Delivery Methods and Timeframes
7.1 The Products ordered are, at the Buyer’s choice, delivered to any address worldwide. Deliveries are made to the address provided by the Customer for this purpose. Our stocks are located in France and Bali. Depending on the customer's place of residence and product availability, customs duties may apply. All items are shipped on a DDU (delivery duty unpaid) basis, meaning that import duties and taxes are the responsibility of the customer.
For international orders, please note that they may be subject to local customs duties at the final destination. Please note that payment of duties and taxes may be required before your order is cleared upon arrival. This responsibility does not lie with Brescia Bercane and will not be refunded in the form of an exchange, refund, or store credit.
For European customers, our stock in France allows for purchases without customs duties.
To check where the product is stored, please refer to the "filters" on the eshop:
- Filter
- Click on "Shipping from..."
- Select "France" or "Bali"
However, if you have any questions or concerns regarding customs duties or the tax status of your order, please feel free to contact us at brescia@bresciabercane.com.
7.2 Orders are shipped at the Buyer’s choice via Colissimo, DHL, Colis Privé, or UPS.
7.3 In both cases, the Buyer can track their order online. BBK ILLUSTRATION commits to making its best efforts to execute the order within a maximum period of thirty (30) days from the day following the order validation, except in the case of force majeure as referred to in Article 9.
7.4 The Products ordered by the Buyer will be delivered to the address provided by them on the order form or left at the local post office, depending on the delivery address provided by the Buyer, in case the recipient is absent. In this case, the postman will leave a delivery notice in the recipient's mailbox, allowing the package to be collected during the office's business hours within a period of fifteen (15) days.
7.5 The delivery address must not be a P.O. Box. The information provided by the Buyer when placing the order is binding. In case of an error in the recipient's details, BBK ILLUSTRATION cannot be held responsible for the inability to deliver the Product.
7.6 Shipping costs are calculated based on the weight of the package and the destination, according to the rates of postal services. For deliveries outside mainland France, customs fees are paid by the Buyer regardless of the order amount. Any re-shipping due to incorrect delivery address or failure to collect from postal services will result in additional charges, upon acceptance by the Buyer. If the Buyer refuses to pay these additional re-shipping fees, the order will be canceled, and the order price will be refunded to the Buyer, minus the shipping costs incurred.
For shipments to third-party countries, including the DOM: "the client will bear the local tax of the consumption country."
b) Delivery Issues
7.7 Delivery Times are available on the Website and may vary depending on the availability of the products ordered. Delivery times are understood in working days and correspond to the average preparation and shipping time of the Order on the Territory.
The Seller commits to making its best efforts to deliver the ordered products within the specified timeframes. However, these times are provided as an indication, and any delay cannot give rise to any damages, compensation, or cancellation of the order by the Buyer. However, if the ordered products are not delivered within 7 days after the expected delivery date, for any reason other than force majeure, the sale may be canceled at the written request of the Buyer or the Seller. The amounts paid by the Buyer will then be refunded without delay, excluding any compensation or retention.
The Customer is solely responsible for non-execution or improper execution of the contract due to a lack of information during the order (wrong or incomplete address, name error, etc.).
7.8 The Customer is required to check the condition of the packaging and the items upon delivery.
It is the Customer's responsibility to raise any necessary reservations or claims, or even refuse the package, if the package is visibly damaged upon delivery. These reservations and claims must be addressed to the carrier by registered letter with return receipt requested within three working days, excluding public holidays, following the delivery date of the Goods. The Customer must also send a copy of this letter to the Seller. Failure to make a claim within the specified time will extinguish any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code.
The Customer must ensure that the Goods delivered correspond to the Order. In case of non-conformity of the Goods in nature or quality with the specifications mentioned in the delivery note, the Customer must inform the Seller by email and return the Goods to the address provided; a return label will be provided by the Seller.
c) Limitation of Liability
7.9 The Products offered comply with the French legislation in force. The responsibility of BBK ILLUSTRATION cannot be engaged in case of non-compliance with the legislation of the country where the Products are delivered. It is the Buyer’s responsibility to check with local authorities the import or usage possibilities of the Products ordered.
7.10 Only guarantee granted: The Seller delivers the Products in perfect condition upon delivery to the carrier. In accordance with Article L 217-4 of the French Consumer Code, the Seller is responsible for defects of conformity existing at the time of delivery.
ARTICLE 8: PRODUCT RETURN – RIGHT OF WITHDRAWAL
8.1 The Buyer has a right of withdrawal for the following reasons:
- Dissatisfaction with the Product for any reason;
- Non-conformity of the Product.
You have 14 days to change your mind and return the item in its original condition. Return shipping costs are the responsibility of the Buyer.
Discounted items cannot be refunded or exchanged.
All returns can be sent to our address: BBK ILLUSTRATION
114 Place des Esquifs,
BUILDING A
Mauguio, 34130 FRANCE.
The refund will be processed within 10 working days from the date on which the return was received by BBK ILLUSTRATION, provided that all conditions mentioned in the return procedure are met.
8.2 In both cases referred to in section 8.1, the Buyer will have the option to request a refund of the Product from BBK ILLUSTRATION.
8.4 In case of delivery error and/or non-conformity, any product to be refunded must be returned to BBK ILLUSTRATION in its entirety and in its original packaging.
8.5 BBK ILLUSTRATION does not accept parcels with postage due. In accordance with Article L 216-4 of the French Consumer Code, as the return slip does not designate any carrier, any risk associated with the return of the Product is the responsibility of the Buyer. The Seller is not responsible for the loss of the package by postal services.
8.6 If the above conditions are met and the Buyer has requested a refund of the Product, BBK ILLUSTRATION will refund the Buyer, within ten (10) days from the date the Product was received back by BBK ILLUSTRATION, the amounts corresponding to the Product(s) purchased by the Buyer.
ARTICLE 9: DATA PROTECTION
In the context of these T&Cs, the Seller is required to process the personal data provided by the Client. The data is processed for the following purposes:
- Management and administration of the order
- Preparation and shipment of products
- Management of complaints and the withdrawal process
The Client's personal data is processed for all the purposes indicated above based on the performance of the contract or pre-contractual measures between the Seller and the Client.
By accepting these T&Cs, the Client agrees that the personal data collected may be transferred to the Seller’s partners solely for the purposes outlined above. It has been verified in advance that the Seller’s service providers comply with the obligations imposed by the I&L Regulation. In the context of the transfer to the Seller’s service providers, the Client’s data may be transferred outside the European Union. Therefore, the Seller has taken all appropriate precautions and guarantees to ensure an adequate level of protection in accordance with the applicable European standards.
The Seller's service providers are:
- SHOPIFY
- UPS
- DHL
- COLISSIMO
- COLIS PRIVÉ
- CONNECTPOS
- SHOPIFY PAYMENT
- KLAVIYO
- KLARNA
- SHINE
- PAYPAL
- GOOGLE ANALYTICS
- HEAP
- ZENDESK
The personal data is kept until the purposes for which it was collected have been fulfilled. Once these purposes are completed, the Client's personal data is deleted, except when there is a legal obligation for the Seller to retain it.
In accordance with the I&L Regulation, the Client has the following rights regarding their personal data:
- Right of access, which allows the Client to obtain information about their personal data and a copy of it;
- Right to rectification, which allows the Client to request modification of any inaccurate personal data;
- Right to erasure (right to be forgotten), which allows the Client to request the deletion or removal of their personal data;
- Right to restriction of processing, which allows the Client to request the limitation of the processing performed by the Seller on their personal data;
- Right to data portability, which allows the Client to obtain an electronic copy or transfer of their personal data from the Seller’s database to another.
To exercise these rights, the Client must send their request via email to: brescia@bresciabercane.com or by sending a registered letter with acknowledgment of receipt, attaching a copy of an identity document, to:
BBK ILLUSTRATION
114 PLACE DES ESQUIFS,
BAT.A
34130 MAUGUIO, FRANCE
The Seller commits to responding to the request within a maximum period of one month from receipt. If the requested right cannot be exercised, the Seller will inform the Client of the reasons within a maximum of one month.
Subject to any breach of the above provisions, the Client has the right to file a complaint with the National Commission on Informatics and Liberty (CNIL), the French data protection authority.
ARTICLE 10: LIABILITY – FORCE MAJEURE
10.1 BBK ILLUSTRATION has a simple obligation of means for all stages of access and ordering on the Site (order process, delivery, customer service, etc.).
10.2 BBK ILLUSTRATION’s liability cannot be engaged for any inconvenience or damage inherent in the use of the Internet network, service interruptions, external intrusion, the presence of computer viruses, or any event qualified as force majeure, in accordance with jurisprudence. This includes, but is not limited to, postal strikes, stock shortages with the manufacturer, destruction or total loss of stock, the cessation of production of a model that BBK ILLUSTRATION was not informed about, or any other exceptional event.
ARTICLE 11: INTELLECTUAL PROPERTY
All elements of the Site, whether visual or auditory, are reserved under copyright law as well as under intellectual and artistic property law for the entire world. Any total or partial reproduction of the Site is strictly prohibited unless prior consent is obtained. Failure to comply with this obligation constitutes an infringement subject to civil and criminal liability. Similarly, any process, including but not limited to techniques such as framing or deep linking, is strictly prohibited unless expressly granted, specifically, and in writing by the Seller.
All elements present on our products, including illustrations, designs, texts, and logos, are protected by intellectual property laws and are the exclusive property of BBK ILLUSTRATION. Any reproduction, modification, or use without prior authorization is strictly prohibited and may result in legal action.
The name "BBK ILLUSTRATION" has been trademarked with the INPI (SIREN n°939 465 894). Consequently, any unauthorized reproduction of this trademark by the Client constitutes an act of infringement, subject to criminal and civil proceedings.
The Client therefore refrains from infringing upon the trademark "BRESCIA BERCANE." It is strictly prohibited to use or reproduce the name "BRESCIA BERCANE" in any form or on any medium without the prior written consent of the Seller.
ARTICLE 12: COMMERCIAL OFFERS AND NEWSLETTERS
BBK ILLUSTRATION may send Clients commercial offers by mail, email, SMS, phone, or through any web spaces operated by BBK ILLUSTRATION or any of its subsidiaries on social media, subject to prior acceptance.
ARTICLE 13: CONTACT
By mail:
BBK ILLUSTRATION
114 PLACE DES ESQUIFS,
BAT.A
34130 MAUGUIO, FRANCE
By email:
brescia@bresciabercane.com
ARTICLE 14: PARTIAL INVALIDITY
If one or more provisions of these General Terms and Conditions of Sale are found to be invalid or declared as such under a law, regulation, or following a final decision by a competent court, the other provisions shall remain in full force and effect.
ARTICLE 15: ENTIRE AGREEMENT
15.1 These General Terms and Conditions of Sale, along with the order summary sent to the Buyer, form a contractual set and constitute the entire contractual relationship between the Parties.
15.2 In case of any contradiction between these documents, the General Terms and Conditions of Sale shall prevail.
ARTICLE 16: APPLICABLE LAW – COMPETENT JURISDICTIONS
These General Terms and Conditions of Sale and the contractual relations between the Parties are governed by French law.
LEGAL NOTICES
www.bresciabercane.com is published and distributed by:
SAS BBK ILLUSTRATION with a capital of €1,000.
Head office: 114 Place des Esquifs, Bat.A, 34130 Mauguio, France.
Registered with the Montpellier Trade and Companies Register: 939 465 894
VAT Number: FR32939465894
Siret: 939 465 894 00011
www.bresciabercane.com is hosted by Shopify.
